Caught on a German bus, tram or train without a valid ticket, you face two separate things: a fee of usually €60 from the transport company, and possibly a criminal complaint for fare dodging (Schwarzfahren). Paying the fee does not end a criminal case. Riding without a ticket is still a criminal offence in 2026; the Bundestag voted against removing it on 16 April 2026 (Bundestag).
1. The €60 fee
The fee is called the increased fare (erhöhtes Beförderungsentgelt). It is a civil charge set by the transport rules, not a fine, and it is owed whether or not a criminal case follows:
- Buses, trams, underground and other local services: up to €60, or double the single fare for the distance travelled if that is more. It is owed if you had no valid ticket, didn't validate it in time, or can't show it at the check, but not if you couldn't buy or validate a ticket for reasons that weren't your fault (§ 9 BefBedV).
- Trains: double the normal fare for the distance, at least €60. It is not owed if, at the station where you boarded, there was neither an open ticket counter nor a working ticket machine (§ 6 EVO).
The rule for buses and trams says expressly that a criminal prosecution is not affected by the fee (§ 9(1) BefBedV). Transport companies' own conditions and tariff rules can add detail, so check the notice you were given. If an unpaid fee is passed to a debt collector, see the Inkasso guide.
2. Forgot your ticket? The €7 rule
If you had a valid ticket but couldn't show it, the fee drops to €7 when you prove within one week of the check that you held it:
- on buses and trams, for a valid personal season ticket (persönliche Zeitkarte), shown to the transport company's office (§ 9(3) BefBedV);
- on trains, for any valid ticket, shown to the rail company that carried you (§ 6(3) EVO).
The week runs from the day of the check. Go in person or follow the instructions on the notice, and keep proof that you did.
3. When it is a criminal offence
Obtaining transport surreptitiously with the intention of not paying the fare (Erschleichen von Leistungen) carries up to one year in prison or a fine, and an attempt is punishable (§ 265a StGB). As the courts read it, you don't need to jump a barrier or trick anyone: riding without a ticket while appearing to be an ordinary passenger is enough, as the Bundestag bill to repeal the offence describes (BT-Drs. 21/1757).
- The intention matters. The offence requires the intention not to pay. Someone who paid for a season ticket and left it at home is in a different position from someone who never bought one; that is what the €7 rule is for.
- Low-value cases need a complaint. As with low-value theft, a fare dodging case over a small amount is prosecuted only if the transport company files a complaint, unless the prosecutor sees a special public interest (§ 265a(3) with § 248a StGB). Whether to file is the company's decision.
4. At the ticket check
- Give your details. Inspectors take your name and address for the fee. If you can't or won't identify yourself, anyone may hold a person caught in the act until the police arrive (§ 127(1) StPO).
- Keep the notice you are given. It shows the date, the amount and the deadline to pay or to show your ticket.
- You don't have to explain yourself. Anything you say about why you had no ticket can end up in a later criminal file.
5. The criminal case
If the company files a complaint, a police letter usually follows, asking you to an interview or for a written statement. Our police letter guide explains your rights. The prosecutor can drop a minor case, drop it against a payment, or issue a penalty order (Strafbefehl) with a fine in daily rates, which you have two weeks to object to. Our guide to what happens after a police report explains each outcome.
A criminal fine that can't be collected is replaced by imprisonment: one day for every two daily rates (§ 43 StGB). If you can't pay a fine, ask the prosecutor's office, which enforces it, for time to pay or instalments before it comes to that (§ 459a StPO).
6. Your record and your residence permit
- A case dropped by the prosecutor is not a conviction. A first fine of up to 90 daily rates does not appear on an ordinary certificate of conduct if there is no other sentence in the register (§ 32(2) no. 5 BZRG). Repeated convictions add up. See the criminal record guide.
- The immigration office is told when a criminal case against a foreign national starts and how it ends (§ 87(4) AufenthG).
- For citizenship, fines of up to 90 daily rates are generally disregarded, but several are added together (§ 12a(1) StAG).
7. When a lawyer can help
A defence lawyer can see the file, check whether the intention to dodge the fare can be shown at all, and ask the prosecutor to drop the case, with or without a payment. It matters most for people with earlier cases, or whose residence status or naturalisation depends on a clean record.
Have the inspector's notice, any ticket or subscription you held, the police letter and any penalty order ready. You can request an English-speaking criminal defence lawyer.
Sources checked on 17 October 2026. The linked provisions are the German statutory text; the explanations here are general information.